Tuesday, November 1, 2011

TROUBLE INSIDE THE BISD BOARD ROOM: RUNAWAY LAWYER DISPUTES TRUSTEES' VERSION

By Juan Montoya

A rift has developed between the attorney representing two former Brownsville Independent School District board members and two sitting ones after he disputed the version of his comments to at least two other trustees during a meeting with former Superintendent Brett Springston.
The trouble began over the Juarez vs. Rick Zayas, Ruben Cortez, Joe Colunga and Rolando Aguilar and BISD case where the former Chief Financial Officer charged that the four had conspired to terminate him from his position after a dispute arose over the handling of a lucrative Stop-Loss insurance policy. Juarez had recommended that the contract be awarded to a company not favored by the four.
After handing information to the FBI, Juarez informed the board members. He claims that as a result, former Supt. Hector Gonzales was instructed to replace him as CFO or face termination himself. The case is in federal court and the defendants were denied qualified immunity which makes them personally liable for damages.
They appealed the decision of the local federal court, lost the appeal, and then filed a motion for reconsideration with the Fifth Circuit Appeal Court in New Orleans.
According to inside sources, at least two trustees are said to have been present when Craig Vittitoe, the attorney representing ACE insurance with the firm of Law Offices of Adams & Graham, L.L.P. , of Harlingen, admitted that the Juarez lawsuit had come about because the "political" nature of the board at the time when Zayas and Cortez were trustees, and disparaged the abilities of Juarez, a certified public accountant, and his ability to understand Stop-Loss insurance policies.
At least one version has Vittitoe calling Juarez "an idiot," according to our sources.
When some trustees questioned Vittitoe about his unprofessional approach and his characterization of Juarez, he is said to have told them that he did not need to consult with them and that his clients were the four trustees named in the Juarez lawsuit.
"He doesn't even want them to talk to the ACE Insurance company contacts," said a source. "He didn't even come before the board when his firm decided to file a reconsideration of the appeals' court decision upholding the district court not to grant the four trustees qualified immunity."
The gist of the dispute is said to be included in a letter dated Oct. 24 that was drafted by BISD counsel Thompson and Horton where the letter writer urges the board to get over the differences with Vittitoe and focus on carrying out the litigation. In the missive, Vittitoe is said to have denied the version of the trustees as to what he said about the former board being "political" in not renewing Juarez's contract and denigrating his abilities as an accountant. Additionally, he continues to urge the trustees to continue the litigation because the lawsuit is "defensible."
Vittitoe's denials of the trustees' version of events have created a deep chasm between them and the insurance attorney. Some BISD majority supporters say that if the board members are not permitted to contact the insurance carrier as Vittitoe apparently desires or if they allow the former board members to act on BISD's behalf on the lawsuit, why then have a board?
"This issue is going to come to a head sooner or later," said a BISD staffer. "If only one board member was making these allegation and disputing Vittitoe's version, it could be ascribed to a simple difference of opinion. But to have two basically state the same thing raises huge questions on the validity of  his recollections."

8 comments:

Anonymous said...

BISD, its bad enough that your guys are in a mess? But to have Craig Vittitoe as your lawyer? Remember, he is from Harlingen.

Anonymous said...

Who is giving you this inside info. LBL or CPG?? What a shame that these two claim to be for the people. :(

Anonymous said...

he was hired under the regime of Zayas and Cortez.

Anonymous said...

BISD Trustees can't be trusted. All are DICKs and they seek to preserve their political power by continuing to pamper the teachers...most of whom should not be allowed around our kids. Since 75% of our tax dollars go to the care and tending of teachers....how can the public think its about education. NO! It ramains an issue of care a feeding of the teachers....most of whom are recipients of diplomas from the diploma mill at UTB. Most can't pass the tests we give to the kids.

Anonymous said...

Craig is right!! He calls it like he sees it.

Anonymous said...

It's Minerva Pena, she's playing both sides. Little does she know they are playing her too.

Anonymous said...

Is Vittitoe gay, like they say, all gays stick together. This is why he is so over protective of zayas and cortez. Just watch.

Anonymous said...

I hear lawyers say they don't doubt Vittitoe saying something stupid. I also hear the fed judge wasn't to happy to hear he had filed a re-hearing.

He is about as smart as Zayas.

rita